131.11 MEDICAL CARE FOR PRISONERS.

   (a)   As used in this section:

      (1)   “Medical provider” means a physician, hospital, laboratory, pharmacy, or other health care provider that is not employed by, or under contract to or with, the City to provide medical services to a person who is imprisoned in an institution and the person is under the control of, or was imprisoned at the direction of, or in custody of, the City and/or a law enforcement officer of the City.

      (2)   “Medically necessary care” means medical care of a non-elective nature and a person authorized under Chapter 4731 of the Ohio Revised Code to practice medicine and surgery or osteopathic medicine and surgery determines that it cannot be postponed until after a person is released from imprisonment or custody without endangering the person’s life or health.

   (b)   As regards to medical care that a health care provider not employed by, or under contract with, the City provides to a person who is imprisoned in an institution under the control of, or who is in the custody of a law enforcement officer of the City, both of the following apply:

      (1)   The City is not liable for medical care that is not medically necessary;

      (2)   If the City is found to be liable for medically necessary care, the City’s liability to pay or reimburse for medical care that is medically necessary is limited to an amount not exceeding the amount medicaid would pay for the care provided if medicaid covered the same kind of medically necessary care. (Ord. 15-2009. Passed 7-28-09.)